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Thank You FDA for Your New, Flawed Regulation

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The Food and Drug Administration (FDA) put a new regulation into place on March 23, 2011 with the goal of helping people fight obesity, yet the regulation is not likely to do so.  You may have noticed that you see calorie counts on menu items of most places you eat at now.

Well, the FDA now requires that all chain restaurants, with at least twenty locations, must display calorie counts for the items on their menu.  Places whose primary purpose is not the sale of food are exempt from the regulation.  Such venues include movie theaters, bowling alleys, carnivals, airplanes, etc.  Furthermore, the regulation also excludes alcoholic beverages.

For a while, people have become more health conscious.  Many watch what they eat, work out, and try to pick healthy dishes when they go out to eat.  Michael R. Taylor, deputy commissioner for foods at the Food and Drug Administration (FDA), states that the purpose of the regulation is to “provid[e] consumers [with] information that they can use to choose healthy diets and fight obesity.”  On its face, society’s effort to be healthy and the FDA’s supportive regulation is a good thing.  However, this regulation is flawed due to its contradictory nature.

If the regulation’s purpose is to help people maintain a healthy diet and fight obesity by providing information, then shouldn’t people be provided with as much information as possible?  Why exclude chains under twenty locations and venues whose primary purpose is not the sale of food?  After all, going to watch a movie and getting a large butter popcorn and soda can amount up to as much as 1,460 calories!

Other foods commonly sold at the exempt locations, such as hot dogs, sweets, and fried snacks are also very high in calories.  The fact is that fattening foods are sold at the exempt locations, and calories from those foods definitely count.  If the FDA truly wants to help people eat healthily and fight obesity, any location selling food should be required to display calorie information.

Furthermore, it is also interesting how alcoholic beverages were not included in this regulation.  Beverages such as beers, margaritas, and Long Island Iced Teas have more calories in them than most people would want to know.  Why are such high calorie, yet popularly consumed drinks, being excluded?  Many of us go to happy hours after work or routinely enjoy a few drinks to unwind.  A lifestyle of a few drinks here and there can really pack on the pounds.  After all, alcohol consumption has led even the healthiest of eaters to gain a few extra pounds, while others to become overweight.  Therefore, along with food sold at any location, the caloric content in alcoholic drinks also needs to be included in the regulation.

Some hypothesize that the places not covered in this regulation were decided for reasons relating to money and lobbyists’ concerns.  Although this may be likely, the FDA has stated that the regulation is in its preliminary stage.  In fact, the FDA will accept consumer and industry feedback on the regulation to refine it, hopefully by the end of 2011.

Well, if I had anything to say to the FDA, it would be to implement a rule that includes all locations that sell food, as well as alcoholic beverages.  As is, the rule contradicts its purpose and intent.  Now, it can always be said that one’s health is in one’s own hands.  People need to take the initiative to learn about healthy foods and change their eating habits.  I agree.  However, the FDA also has a duty to ensure that its regulations carry out their purpose and intent.  Thus far, the exemptions in the regulation contradict the goal of promoting a healthy diet and fighting obesity.

From reactions that I have observed, there have been many “whoahs” and “forget its” when people saw how many calories are in the foods they wanted to eat.  If calorie counts were required in all locations that sell food and alcohol, it is likely that people will avoid high-calorie foods and alcoholic beverages and choose healthier choices.  This, in turn, will aid people in maintaining a healthier lifestyle and fighting obesity.  The FDA’s purpose is satisfied, and our health conscientious society’s considerations are honored.  It is a win-win situation.

Hopefully the FDA amends its regulation for the sake of improvement and adherence to the regulation’s purpose and intent.  Until then, it is probably a good idea for people to educate themselves on their food’s calorie counts.  We can’t depend on the FDA if we want to a healthy lifestyle.


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